BILL NUMBER: SB 69	CHAPTERED  09/29/99

	CHAPTER   580
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Murray
   (Coauthors:  Assembly Members Calderon, Havice, Kuehl, Longville,
Romero and Scott)

                        DECEMBER 7, 1998

   An act to amend Section 1050 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 69, Murray.  Criminal procedure:  continuances.
   Existing law specifies the procedures by which a motion to
continue any hearing in a criminal proceeding, including the trial,
may be made.  Continuances may be granted only upon a showing of good
cause, which includes, but is not limited to, cases involving
murder, allegations of sexual assault, child abuse, or domestic
violence where the prosecuting attorney assigned to the case has
another criminal proceeding in progress in that or another court.
   This bill would add cases involving allegations of stalking, as
defined, to those cases in which a continuance may be granted in a
criminal proceeding.  The bill would only authorize one continuance
in a stalking case and would require that any continuance granted
under the above provision be for the shortest time possible, not to
exceed 10 court days.
   This bill would incorporate additional changes in Section 1050 of
the Penal Code proposed by AB 501, to be operative if AB 501 and this
bill are both enacted and become effective on or before January 1,
2000, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1050 of the Penal Code is amended to read:
   1050.  (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time.  To
this end the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant.  Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses.  Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails.  It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice.  In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings.
   (b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first.  A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner.  Regardless of the proponent of the
motion, the prosecuting attorney shall notify the people's witnesses
and the defense attorney shall notify the defense's witnesses of the
notice of motion, the date of the hearing, and the witnesses' right
to be heard by the court.  The superior and municipal courts of a
county may adopt rules, which shall be consistent, regarding the
method of giving the notice or waiver of service required by this
subdivision, where a continuance is sought because of a conflict
between scheduled appearances in the courts of that county.
   (c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision.  However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
   (d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements.  At the conclusion of the hearing the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding.  A statement of the finding
and a statement of facts proved shall be entered in the minutes.  If
the moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
   (e) Continuances shall be granted only upon a showing of good
cause.  Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
   (f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding.  A statement of facts proved shall
be entered in the minutes.
   (g) (1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers.  Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted.  The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
   (2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, has occurred and
the prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court.  A continuance under this paragraph shall be
limited to a maximum of 10 additional court days.
   (3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking.  Any continuance
granted to the people in a case involving stalking shall be for the
shortest time possible, not to exceed 10 court days.
   (h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
   (i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion.  Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
   (j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
   (k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
  SEC. 2.  Section 1050 of the Penal Code is amended to read:
   1050.  (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time.  To
this end the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant.  Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses.  Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails.  It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice.  In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings.
   (b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first.  A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner.  Regardless of the proponent of the
motion, the prosecuting attorney shall notify the people's witnesses
and the defense attorney shall notify the defense's witnesses of the
notice of motion, the date of the hearing, and the witnesses' right
to be heard by the court.  The superior and municipal courts of a
county may adopt rules, which shall be consistent, regarding the
method of giving the  notice or waiver of service required by this
subdivision, where a continuance is sought because of a conflict
between scheduled appearances in the courts of that county.
   (c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision.  However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
   (d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there  is good cause for the failure to
comply with those requirements.  At the conclusion of the hearing the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding.  A statement of the finding
and a statement of facts proved shall be entered in the minutes.  If
the moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
   (e) Continuances shall be granted only upon a showing of good
cause.  Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
   (f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding.  A statement of facts proved shall
be entered in the minutes.
   (g) (1) When deciding whether or not good cause for a  continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers.  Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted.  The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
   (2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, has occurred and the prosecuting attorney
assigned to the case has another trial, preliminary hearing, or
motion to suppress in progress in that court or another court.  A
continuance under this paragraph shall be limited to a maximum of 10
additional court days.
   (3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking or cases handled
under the Career Criminal Prosecution Program.  Any continuance
granted to the people in a case involving stalking or handled under
the Career Prosecution Program shall be for the shortest time
possible, not to exceed 10 court days.
   (h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
   (i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion.  Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
   (j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
   (k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
  SEC. 3.  Section 2 of this bill incorporates amendments to Section
1050 of the Penal Code proposed by both this bill and AB 501.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2000, (2) each bill amends Section
1050 of the Penal Code, and (3) this bill is enacted after AB 501, in
which case Section 1 of this bill shall not become operative.
